Constitution of the Republic of Korea, -, 12 July 1948, https://www.refworld.org/legal/legislation/natlegbod/1948/en/19949 [accessed 21 May 2024] Do hereby amend, through national referendum following a resolution by the National Assembly, the Constitution, ordained and established on the Twelfth Day of July anno Domini Nineteen hundred and forty-eight, and amended eight times subsequently. (1)The Republic of Korea shall be a democratic republic. (1)Nationality in the Republic of Korea shall be prescribed by law. (1)The Republic of Korea shall endeavor to maintain international peace and shall renounce all aggressive wars. (1)Treaties duly concluded and promulgated under Constitution and the generally recognized rules of international law shall have the same effect as the domestic laws of the Republic of Korea. (1)All public officials shall be servants of the entire people and shall be responsible to the people. (1)The establishment of political parties shall be free, and the plural party system shall be guaranteed. (2)Political parties shall be democratic in their objectives, organization and activities, and shall have the necessary organizational arrangements for the people to participate in the formation of the political will. (3)Political parties shall enjoy the protection of the State and may be provided with operational funds by the State under the conditions as prescribed by law. (1)All citizens shall be equal before the law, and there shall be no discrimination in political, economic, social or cultural life on account of sex, religion or social status. (2) No privileged caste shall be recognized or ever established in any form. (1)All citizens enjoy personal liberty. No person shall be arrested, detained, searched, seized or interrogated except as provided by law. No person shall be punished, placed under preventive restrictions or subject to involuntary labor except as provided by law and through lawful procedures. (2)No citizens shall be tortured or be compelled to testify against himself in criminal cases. (3)Warrants issued by a judge through due procedures upon the request of a prosecutor shall be presented in case of arrest, detention, seizure or search: Provided, That in a case where a criminal suspect is a apprehended flagrante delicto, or where there is danger that a person suspected of committing a crime punishable by imprisonment of three years or more may escape or destroy evidence, investigative authorities may request an ex post facto warrant. (4)Any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by law. (5)No person shall be arrested or detained without being informed of the reason therefor and of his right to assistance of counsel. The family, etc., as designated by law, of a person arrested or detained shall be notified without delay of the reason for and the time and place of the arrest or detention. (6)Any person who is arrested or detained, shall have the right to request the court to review the legality of the arrest or detention. (1)No citizen shall be prosecuted for an act which does not constitute a crime under the law in force at the time it was committed, nor shall he be placed in double jeopardy. (2)No restrictions shall be imposed upon the political rights of any citizen, nor shall any person be deprived of property rights by means of retroactive legislation. (1)All citizens shall enjoy freedom of speech and the press, and freedom of assembly and association. (2)Licensing or censorship of speech and the press, and licensing of assembly and association shall not be recognized. (3)The standards of news service and broadcast facilities and matters necessary to ensure the functions of newspapers shall be determined by law. (1)All citizens shall enjoy freedom of learning and the arts. (1)The right of property of all citizens shall be guaranteed. The contents and limitations thereof shall be determined by law. (2)The exercise of property rights shall conform to the public welfare. (1)All citizens shall have the right to petition in writing to any governmental agency under the conditions as prescribed by law. (1)All citizens shall have the right to be tried in conformity with the law by judges qualified under the Constitution and the law. (2)Citizens who are not on active military service or employees of the military forces shall not be tried by a court martial within the territory of the Republic of Korea, except in case of crimes as prescribed by law involving important classified military information, sentinels, sentry posts, the supply of harmful food and beverages, prisoners of war and military articles and facilities and in the case of the proclamation of extraordinary martial law. (3)All citizens shall have the right to a speedy trial. The accused shall have the right to a public trial without delay in the absence of justifiable reasons to the contrary. (4)The accused shall be presumed innocent until a judgment of guilt has been pronounced. (1)In case a person has sustained damages by an unlawful act committed by a public official in the course of official duties, he may claim just compensation from the State or public organization under the conditions as prescribed by law. In this case, the public official concerned shall not be immune from liabilities. (1)All citizens shall have an equal right to receive an education corresponding to their abilities. (2)All citizens who have children to support shall be responsible at least for their elementary education and other education as provided by law. (4)Independence, professionalism and political impartiality of education and the autonomy of institutions of higher learning shall be guaranteed under the conditions as prescribed by law. (1)All citizens shall have the right to work. The State shall endeavor to promote the employment of workers and to guarantee optimum wages through social and economic means and shall enforce a minimum wage system under the conditions as prescribed by law. (2)All citizens shall have the duty to work. The State shall prescribe by law the extent and conditions of the duty to work in conformity with democratic principles. (3)Standards of working conditions shall be determined by law in such a way as to guarantee human dignity. (4)Special protection shall be accorded to working women, and they shall not be subjected to unjust discrimination in terms of employment, wages and working conditions. (1)To enhance working conditions, workers shall have the right to independent association, collective bargaining and collective action. (2)Only those public officials who are designated by law, shall have the right to association, collective bargaining and collective action. (1)All citizens shall be entitled to a life worthy of human beings. (2)The State shall have the duty to endeavor to promote social security and welfare. (3)The State shall endeavor to promote the welfare and rights of women. (4)The State shall have the duty to implement policies for enhancing the welfare of senior citizens and the young. (5)Citizens who are incapable of earning a livelihood due to a physical disability, disease, old age or other reasons shall be protected by the State under the conditions as prescribed by law. (1)All citizens shall have the right to a healthy and pleasant environment. The State and all citizens shall endeavor to protect the environment. (2)The substance of the environmental right shall be determined by law. (1)Marriage and family life shall be entered into and sustained on the basis of individual dignity and equality of the sexes, and the State shall do everything in its power to achieve that goal. (1)Freedoms and rights of citizens shall not be neglected on the grounds that they are not enumerated in the Constitution. (1)All citizens shall have the duty of national defence under the conditions as prescribed by law. (1)The National Assembly shall be composed of members elected by universal, equal, direct and secret ballot by the citizens. (2)The number of members of the National Assembly shall be determined by law, but the number shall not be less than 200. (1)During the sessions of the National Assembly, no member of the National Assembly shall be arrested or detained without the consent of the National Assembly except in case of flagrante delicto. (1)Members of the National Assembly shall have the duty to maintain high standards of integrity. (2)Members of the National Assembly shall give preference to national interests and shall perform their duties in accordance with conscience. (1)A regular session of the National Assembly shall be convened once every year under the conditions as prescribed by law, and extraordinary sessions of the National Assembly shall be convened upon the request of the President or one fourth or more of the total members. (2)The period of regular sessions shall not exceed a hundred days, and that of extraordinary sessions, thirty days. (1)Sessions of the National Assembly shall be open to the public: Provided, That when it is decided so by a majority of the members present, or when the Speaker deems it necessary to do so for the sake of national security, they may be closed to the public. (1)Each bill passed by the National Assembly shall be sent to the Executive, and the President shall promulgate it within fifteen days. (2)In case of objection to the bill, the President may, within the period referred to in Paragraph (1), return it to the National Assembly with written explanation of his objection, and request it be reconsidered. The President may do the same during adjournment of the National Assembly. (3)The President shall not request the National Assembly to reconsider the bill in part, or with proposed amendments. (4)In case there is a request for reconsideration of a bill, the National Assembly shall reconsider it, and if the National Assembly repasses the bill in the original form with the attendance of more than one half of the total members, and with a concurrent vote of two thirds or more of the members present, it shall become law. (5)If the President does not promulgate the bill, or does not request the National Assembly to reconsider it within the period referred to in Paragraph (1), it shall be come law. (6)The President shall promulgate without delay the law as finalized under Paragraphs (4) and (5). If the President does not promulgate a law within five days after it has become law under Paragraph (5), or after it has been returned to the Executive under Paragraph (4), the Speaker shall promulgate it. (1)The National Assembly shall deliberate and decide upon the national budget bill. (2)The Executive shall formulate the budget bill for each fiscal year and submit it to the National Assembly within ninety days before the beginning of a fiscal year. The National Assembly shall decide upon it within thirty days before the beginning of the fiscal year. (1)In a case where it is necessary to make continuing disbursements for a period longer than one fiscal year, the Executive shall obtain the approval of the National Assembly for a specified period of time. (1)The National Assembly shall have the right to consent to the conclusion and ratification of treaties pertaining to mutual assistance or mutual security; treaties concerning important international organizations; treaties of friendship, trade and navigation; treaties pertaining to any restriction in sovereignty; peace treaties; treaties which will burden the State or people with an important financial obligation; or treaties related to legislative matters. (1)The National Assembly may inspect affairs of state or investigate specific matters of state affairs, and may demand the production of documents directly related thereto, the appearance of a witness in person and the furnishing of testimony or statements of opinion. (1)The Prime Minister, members of the State Council or government delegates may attend meetings of the National Assembly or its committees and report on the state administration or deliver opinions and answer questions. (1)The National Assembly may pass a recommendation for the removal of the Prime Minister or a State Council member from office. (1)The National Assembly may establish the rules of its proceedings and internal regulations, provided that they are not in conflict with law. (2)The National Assembly may review the qualifications of its members and may take disciplinary actions against its members. (3)The concurrent vote of two thirds or more of the total members of the National Assembly shall be required for the expulsion of any member. (1)In case the President, the Prime Minister, members of the State Council, heads of Executive Ministries, judges of the Constitution Court, judges, members of the Central Election Management Committee, members of the Board of Audit and Inspection, and other public officials designated by law have violated the Constitution or other laws in the performance of official duties, the National Assembly may pass motions for their impeachment. (2)A motion for impeachment prescribed in Paragraph (1) may be proposed by one third or more of the total members of the National Assembly, and shall require a concurrent vote of a majority of the total members of the National Assembly for passage: Provided, That a motion for the impeachment of the President shall be proposed by a majority of the total members of the National Assembly and approved by two thirds or more of the total members of the National Assembly. (3)Any person against whom a motion for impeachment has been passed shall be suspended from exercising his power until the impeachment has been adjudicated. (1)The President shall be the Head of State and represent the State vis-a-vis foreign states. (2)The President shall have the responsibility and duty to safeguard the independence, territorial integrity and continuity of the State and the Constitution. (3)The President shall have the duty to pursue sincerely the peaceful unification of the homeland. (1)The President shall be elected by universal, equal, direct and secret ballot by the people. (2)In case two or more persons receive the same largest number of votes in the election as referred to in Paragraph (1), the person who receives the largest number of votes in an open session of the National Assembly attended by a majority of the total members of the National Assembly shall be elected. (3)If and when there is only one presidential candidate, he shall not be elected President unless he receives at least one third of the total eligible votes. (4)Citizens who are eligible for election to the National Assembly, and who have reached the age of forty years or more on the date of the Presidential election, shall be eligible to be elected to the presidency. (1)The successor to the incumbent President shall be elected seventy to forty days before his term expires. (1)The President shall be Commander-in-Chief of the Armed Forces under the conditions as prescribed by the Constitution and law. (1)In time of internal turmoil, external menace, natural calamity or a grave financial or economic crisis, the President may take in respect to them the minimum necessary financial and economic actions or issue orders having the effect of law, only when it is required to take urgent measures for the maintenance of national security or public peace and order, and there is no time to await the convocation of the National Assembly. (2)In case of major hostilities affecting national security, the President may issue orders having the effect of law, only when it is required to preserve the integrity of the nation, and it is impossible to convene the national Assembly. (2)the President shall promptly notify it to the National Assembly and obtain its approval. (4)In case no approval is obtained, the actions or orders shall lose effect forthwith. In such case, the laws which were amended or abolished by the orders in question shall automatically regain their original effect at the moment the orders fail to obtain approval. (1)When it is required to cope with a military necessity or to maintain the public safety and order by mobilization of the military forces in time of war, armed conflict or similar national emergency, the President may proclaim martial law under the conditions as prescribed by law. (2)Martial law shall be of two types: extraordinary martial law and precautionary martial law. (3)Under extraordinary martial law, special measures may be taken with respect to the necessity for warrants, freedom of speech, the press, assembly and association, or the powers of the Executive and the Judiciary under the conditions as prescribed by law. (4)When the President has proclaimed martial law, he shall notify it to the National Assembly without delay. (1)The President may grant amnesty, communication and restoration of rights under the conditions as prescribed by law. (2)The President shall receive the consent of the National Assembly in granting a general amnesty. (1)The Prime Minister shall be appointed by the president with the consent of the National Assembly. (2)The Prime Minister shall assist the President and shall direct the Executive Ministries under order of the President. (1)The members of the State Council shall be appointed by the President on the recommendation of the prime Minister. (2)The members of the State Council shall assist the President in the conduct of State affairs and, as constituents of the State Council, shall deliberate on State affairs. (3)The Prime Minister may recommend to the President the removal of a member of the State Council from office. (1)The State Council shall deliberate on important policies that fall within the power of the Executive. (2)The State Council shall be composed of the President, the Prime Minister and other members whose number shall be no more than thirty and no has less than fifteen. (1)An Advisory Council of Elder Statesmen, composed of elder statesmen, may be established to advise the President on important affairs of State. (2)The immediate former President shall become the Chairman of the Advisory Council of Elder Statesmen: Provided, That if there is no immediate former President, the President shall appoint the Chairman. (1)A National Security Council shall be established to advise the President on the formulation of foreign, military and domestic policies related to national security prior to their deliberation by the State Council. (2)The meetings of the National Security Council shall be presided over by the President. (1)An Advisory Council on Democratic and Peaceful Unification may be established to advise the President on the formulation of peaceful unification policy. (1)A National Economic Advisory Council may be established to advise the President on the formulation of important policies for developing the national economy. (1)The Board of Audit and Inspection shall be composed of no less than five and no more than eleven members, including the Chairman. (2)The Chairman of the Board shall be appointed by the President with the consent of the National Assembly. The term of office of the Chairman shall be four years, and he may be reappointed only once. (1)Judicial power shall be vested in courts composed of judges. (2)The courts shall be composed of the Supreme Court, which is the highest court of the State, and other courts at specified levels. (2)There shall be Supreme Court Justices at the Supreme Court: Provided, That judges other than Supreme Court Justices may be assigned to the Supreme Court under the conditions as prescribed by law. (1)The Chief Justice of the Supreme Court shall be appointed by the President with the consent of the National Assembly. (2)The Supreme Court Justices shall be appointed by the President on the recommendation of the Chief Justice and with the consent of the National Assembly. (1)The term of office of the Chief Justice shall be six years and he shall not be reappointed. (2)The term of office of the Justices of the Supreme Court shall be six years and they may be reappointed as prescribed by law. (3)The term of office of judges other than the Chief Justice and Justices of the Supreme Court shall be ten years, and they may be reappointed under the conditions as prescribed by law. (1)No judge shall be removed from office except by impeachment or a sentence of imprisonment or heavier punishment, nor shall he be suspended from office, have his salary reduced or suffer any other unfavorable treatment except by disciplinary action. (1)When the constitutionality of a law is at issue in a trial, the court shall request a decision of the Constitution Court, and shall judge according to the decision thereof. (2)The Supreme Court shall have the power to make a final review of the constitutionality or legality of administrative decrees, regulations or actions, when their constitutionality or legality is at issue in a trial. (1)Courts-martial may be established as special courts to exercise jurisdiction over military trials. (2)The Supreme Court shall have the final appellate jurisdiction over courts-martial. (3)The organization and authority of courts-martial, and the qualifications of their judges shall be determined by law. 5.Petitions relating to the Constitution as prescribed by law. (2)The Constitution Court shall be composed of nine adjudicators qualified to be court judges, and they shall be appointed by the President. (3)Among the adjudicators referred to in Paragraph (2), three shall be appointed from persons selected by the National Assembly, and three appointed from persons nominated by the Chief Justice. (1)The term of office of the adjudicators of the Constitution Court shall be six years and they may be reappointed under the conditions as prescribed by law. (2)The adjudicators of the Constitution Court shall not join any political party, nor shall they participate in political activities. (1)When the Constitution Court makes a decision on the unconstitutionality of a law, impeachment, dissolution of a political party or a petition relating to the Constitution, the concurrence of six adjudicators or more shall be required. (2)The Constitution Court may establish regulations relating to its proceedings and internal discipline and regulations on administrative matters within the limits of law. (1)Election Management Committees shall be established for the purpose of fair management of elections and national referenda, and dealing with administrative affairs concerning political parties. (2)The Central Election Management Committee shall be composed of three members appointed by the President, three members selected by the National Assembly, and three members designated by the Chief Justice of the Supreme Court. The Chairman of the Committee shall be elected from among the members. (3)The term of office of the members of the Committee shall be six years. (4)The members of the Committee shall not join political parties, nor shall they participate in political activities. (5)No member of the Committee shall be expelled from office except by impeachment or a sentence of imprisonment or heavier punishment. (6)The Central Election Management Committee may establish, within the limit of laws and decrees, regulations relating to the management of elections, national referenda, and administrative matters concerning political parties and may also establish regulations relating to internal discipline that are compatible with law. (1)Election Management Committees at each level may issue necessary instructions to administrative agencies concerned with respect to administrative matters pertaining to elections and national referenda such as the preparation of the pollbook. (1)Election campaigns shall be conducted under the management of The Election Management Committees at each level within the limit set by law. Equal opportunity shall be guaranteed. (1)Local governments shall deal with administrative matters pertaining to the welfare of local residents, manage properties, and may enact provisions relating to local autonomy, within the limit of laws and regulations. (1)The economic order of the Republic of Korea shall be based on a respect for the freedom and creative initiative of enterprises and individuals in economic affairs. (1)Licenses to exploit, develop or utilize minerals and all other important underground resources, marine resources, water power, and natural powers available for economic use may be granted for a period of time under the conditions as prescribed by law. (1)The State shall endeavor to realize the land-to-the-tillers principle with respect to agricultural land. Tenant farming shall be prohibited. (1)The State shall establish and implement a plan to comprehensively develop and support the farm and fishing communities in order to protect and foster agriculture and fisheries. (2)The State shall have the duty to foster regional economies to ensure the balanced development of all regions. (3)The State shall protect and foster small and medium enterprises. (4)In order to protect the interests of farmers and fishermen, the State shall endeavor to stabilize the prices of agricultural and fishery products by maintaining an equilibrium between the demand and supply of such products and improving their marketing and distribution systems. (1)The State shall strive to develop the national economy by developing science and technology, information and human resources and encouraging innovation. (2)The State shall establish a system of national standards. (1)A proposal to amend the Constitution shall be introduced either by a majority of the total members of the National Assembly or by the President. (1)The National Assembly shall decide upon the proposed amendments within sixty days of the public announcement, and passage by the National Assembly shall require the concurrent vote of two thirds or more of the total members of the National Assembly. (2)The proposed amendments to the Constitution shall be submitted to a national referendum not later than thirty days after passage by the National Assembly, and shall be determined by more than one half of all votes cast by more than one half of voters eligible to vote in elections for members of the National Assembly. (1)The first presidential election under this Constitution shall be held not later than forty days before this Constitution enters into force. (1)The first elections of the National Assembly under this Constitution shall be held within six months from the promulgation of this Constitution. The term of office of the members of the first National Assembly elected under this Constitution shall commence on the date of the first convening of the National Assembly under this Constitution. (1)Public officials and officers of enterprises appointed by the Government, who are in office at the time of the enforcement of this Constitution, shall be considered as having been appointed under this Constitution: Provided, That public officials whose election procedures or appointing authorities are changed under this Constitution, the Chief Justice of the Supreme Court and the Chairman of the Board of Audit and Inspection shall remain in office until such time as their successors are chosen under this Constitution, and their terms of office shall terminate the day before the installation of their successors. (2)Judges attached to the Supreme Court who are not the Chief Justice or Justices of the Supreme Court and who are in office at the time of the enforcement of this Constitution shall be considered as having been appointed under this Constitution notwithstanding the proviso of Paragraph (1). Those organizations existing at the time of the enforcement of this Constitution which have been performing the functions falling within the authority of new organizations to be created under this Constitution, shall continue to exist and perform such functions until such time as the new organizations are created under this Constitution. This is the official consolidated translation with the latest amendment made on 29 October 1987. This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.